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المسؤولية الانضباطية لعضو مجلس المحافظة : دراسة مقارنة == isciplinary responsibility of member of local councils - comparative study
Author name:
احمد عبد الله خلف الكناني
Supervisor name:
وليد خشان زغير الموسوي
General topic:
Law
Specific topic:
Constitutional Law
Degree:
Master
University:
University of Thi-Qar - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Dhi Qar
First pages:
13T1666 - p.pdf
Abstract:
That the provincial councils perform their functions requires a great deal of responsibility and awareness of members, which requires the activating the self - censorship of these councils over its members as the tool that expresses the will of the council. The disciplinary responsibility is one of the most important tools for activating the self - censorship of these councils. Membership, the member may commit administrative, civil or even criminal liability. Therefore, disciplinary accountability is one of the most important pillars of the service systems in the world, because it aims to maintain order within the Council and the impact on the functioning of the Council The local supervisory and legislative work of these councils, since the member's commitment to his duties and dedication to the public interest has become one of the objectives through which the Council can perform its functions and provide its services to the fullest.There were several reasons that led to the selection of this study, including the lack of studies in the disciplinary responsibility for members of the provincial councils, showing the face of inadequacies in the disciplinary system, so addressed the subject of disciplinary liability of a member of the provincial council in the light of each of the Iraqi discipline system contained in the law of provinces not organized in Region No. 21 of 2008 amended, and the Egyptian disciplinary system in the law of the local administration system No. 43 of 1979 amending.We divided the study section primer and three chapters, we dealt with Definition local council irregular in the province ,and dealt with irregularities disciplinary of the member of the provincial council in the first chapter, and dealt with the explanation of disciplinary punishments in Chapter II, Chapter III was allocated to discuss Disciplinary safeguards for faculty of the member of the provincial council.We concluded with a final result that weak legislative treatment of the issue of disciplinary responsibility and its ineffectiveness in the law of governorates that are not organized in the amended region No. 21 of 2008, or rather the lack of a complete disciplinary legislative system concerned with the statement of disciplinary penalties for violating the system of hearings and penalties for violating the rest The duties and prohibitions of membership, the procedures for imposing such penalties, and the provision of adequate guarantees of investigation, reasonableness and proportionality between the disciplinary penalty and the violation committed by the member and ending with the grievance and judicial appeal. Party consensus and its impact on activating disciplinary accountability. B As we have reached legislator Iraqi inter of recommendations the most important of which need to establish a disciplinary system for the members of the provincial councils instead of relying on the individual treatment of The internal regulations of the provincial councils and their deficient treatments, through which the investigation and investigative committees are used to prove the violation committed by the member when the subject of his dismissal from office Membership, rather than questioning, for several reasons including that the investigative committees are more specialized and deeper in verifying the availability of the reasons for the dismissal (dropping membership) or not, in addition the interrogation is carried out by the Council itself. Either the member belongs to the majority of particular party it takes them to be lenient with their colleague or if the member belongs to an opposition party the decision to drop membership in the hands of the ruling party is based on political considerations that are more consensual than the member committing a sin or a career fault. Thus denying justice and depriving the punishment of its intended purpose of assessment and deterrence.
